family medical leave

HR: Leading People, Leading Organizations © 2007 SHRMSHRM Weekly Online Survey: January 9, 2007

Family Medical Leave

• Sample comprised of 344 randomly selected HR professionals.

• Analyzing 344 responses of 2,816 emails sent, 2,742 emails were received (response rate = 13%).

• Survey fielded January 9 – January 16, 2007; presentation generated on January 17, 2007.

• Margin of error is +/- 5%.


In the past 12 months, has your organization changed any of its paid leave policy as a result of the Family Medical Leave Act (FMLA)?

2% 1%

94%

3%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Yes, my organizationincreased amount of paid

leave offered

Yes, my organizationdecreased amount of paid

leave offered

No, my organization hasnot made any changes to

its paid leave

Other

Note: Excludes respondents (15%) whose organization does not offer protected leave under FMLA and those whose organization does not offer paid leave. Percentage may not total 100% due to rounding

n = 291


In the past 12 months, has your organization changed any of its paid leave policy as a result of the Family Medical Leave Act (FMLA)?

Choice Count Percentage Answered

Yes, my organization increased amount of paid leave offered

6 2%

Yes, my organization decreased amount of paid leave offered

4 1%

No, my organization has not made any changes to its paid leave

273 94%

Other 6 2%


Other changes organizations have made to its paid leave policy as a result of the Family Medical Leave Act (FMLA) in the past 12 months

• Yes, cannot tag the leave, changed to 12 month non rolling

• While we do not offer FMLA benefits, we have a parallel program that we have made changes to in order to be more like FMLA so that our future transition is seamless.

• This year, we added enough employees to be accountable for FMLA

• Strengthened the rules behind it• January 2006 employees could begin using sick

PTO for any FMLA approved condition• Changed paid leave for Exempt workers, must use

paid leave is absent more than 4 hours in one day.


What effect has the use of paid leave by employees to cover short absences from work (e.g. late arrivals and early departures) for FMLA covered conditions had on your organization?

21%25%

17% 15%

8%3% 2% 2%

83%81%72%71%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Employee Moraleproblems, n = 285

Loss of productivity, n =286

Increase in earlydepartures, n = 286

Increase in tardiness, n =286

No noticeable effect Negative effect Positive effect


What effect has the use of paid leave by employees to cover short absences from work (e.g. late arrivals and early departures) for FMLA covered conditions had on your organization?

Topic Positive effect

Negative effect

No noticeable effect

Employee Morale problems 8% 21% 71%

Loss of productivity 3% 25% 72%

Increase in early departures 2% 17% 81%

Increase in tardiness 2% 15% 83%


How does your organization notify employees that their leave request has been designated as FMLA leave?

1%

1%

6%

21%

27%

44%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Other

Notify employee via email

Notify employee in person

Send a certification formthat designates leave as

FMLA

Send a letter designatingleave via mail to

employee’s current address

Send the employee a letterand the certification form

together

n = 289

Note: Percentage may not total 100% due to rounding.


How does your organization notify employees that their leave request has been designated as FMLA leave?


Send the employee a letter and the certification form together

128 44%

Send a letter designating leave via mail to employee’s current address

78 27%

Send a certification form that designates leave as FMLA

61 21%

Notify employee in person 16 6%

Notify employee via email 3 1%

Other 3 1%


Other ways organizations notify employees that their leave request has been designated as FMLA leave?

• Not Sure• Never had FMLA leave• Have never disapproved a FMLA request.


What reasons have your employees provided as to their failure to notify your organization promptly that they are taking FMLA leave?

6%

4%

4%

35%

78%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Other

Supervisor did not notify HRor the appropriate

office/person

The organization’s policydid not state that advanced

notice was required

Unable to notifyorganization due to

incapacity (e.g., unforeseenillness, accident)

Employees do notunderstand FMLA leave or

the need to notify theorganization

Note: Excludes respondents (25%) who answered “Not applicable”. Percentages do not total 100% as multiple response were allowed.

n = 204


What reasons have your employees provided as to their failure to notify your organization promptly that they are taking FMLA leave?

Choice Percent of Cases

Employees do not understand FMLA leave or the need to notify the organization

78%

Unable to notify organization due to incapacity (e.g., unforeseen illness, accident)

35%

The organization’s policy did not state that advanced notice was required

4%

Supervisor did not notify HR or the appropriate office/person

4%

Other 6%



Other reasons employees have provided as to their failure to notify their organization promptly that they are taking FMLA leave

• We have union contracts. It creates confusion between the contract and the FMLA rules.

• Procrastination on part of employees.• No one has taken it• Never had FMLA leave• Employees understand FMLA but think that using it may cause job loss if they

cannot return within 12 weeks• Employees hope absence will go unnoticed as FMLA qualifying• Employees forgot the requirement.• Employee afraid of negative impact for future employment or career growth

(maternity leave or short term leave)• EE notified sup who didn't notify HR• Don’t want leave designated FMLA• Don't complete paperwork because too much trouble• Doctor not filling out form in time


What are the reasons that your organization requests an employee to resubmit a medical certification before determining entitlement to FMLA leave?

6%

46%

64%

65%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Other

Unsure initial informationsatisfies as qualified leave

Vague information eventhough form may be complete

Incomplete informationregarding their qualified FMLA

leave request


n = 203


What are the reasons that your organization requests an employee to resubmit a medical certification before determining entitlement to FMLA leave?


Incomplete information regarding their qualified FMLA leave request

65%

Vague information even though form may be complete

64%

Unsure initial information satisfies as qualified leave

46%

Other 6%



Other reasons that your organization requests an employee to resubmit a medical certification before determining entitlement to FMLA leave?

• Short term disability information needed• Recertification of Leave• Recertification - every 30-day• Occasional concern leave is still needed• Must resubmit only every 30 days to ensure leave is still

FMLA - qualified.• Leave continues longer than originally anticipated• Intermittent leave for unspecified period of time• Employee has received some treatment, hasn't improved

and we need a medical update.• Confirm length of leave if dates are estimated.• Cannot read doctor's handwriting• Annual re-submission required for chronic conditions • 30 days has passed since previous certification• 30 day review for intermittent leave


What specific challenges has your organization encountered by having your organization’s health care provider contact the employee’s health care provider directly?

11%

8%

61%

64%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Other

Increase in financial costsdue to costs associated withhiring a health care provider

Delay in the certificationprocess

Difficulty in obtaining factualsupport for the employee’s

condition


n = 92


What specific challenges has your organization encountered by having your organization’s health care provider contact the employee’s health care provider directly?


Difficulty in obtaining factual support for the employee’s condition

64%

Delay in the certification process 61%

Increase in financial costs due to costs associated with hiring a health care provider

8%

Other 11%


Other challenges organizations encountered by having their organization’s health care provider contact the employee’s health care provider directly?

• We do not have an organizational health care provider.• Resources to make calls• Resistance of health care providers to provide information

to employers.• Organization does not have a health care provider involved

in FMLA process. It is supervisors and HR who work with the staff and their providers. Difficulty includes delays, lack of understanding on the part of HR or manager

• Medical statements received appear to be "employee" directed and may not be medically accurate. Most doctors will sign anything.

• HIPPA• HIPAA• Employee or provider occasionally will use HIPPA laws to

suppress information• Complication with regard to privacy issues with the

employees provider not being supportive• Alternate department handles some, therefore, unknown


To what extent do you agree or disagree to the following statement?

17%

55%

18%

9%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Strongly disagree Disagree Agree Strongly agree

Employees in my Organization are more likely to schedule FMLAepisodic leave

Note: Percentages may not total 100% due to rounding.

n = 289



27%

52%

14%

8%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%


Employees in my Organization abuse FMLA leave more than othertypes of paid leave


n = 288



6%

38%

47%

9%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%


Employees in my Organization understand when their leave requestqualifies as FMLA leave


n = 288



18%

41%

35%

6%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%


The two-day time frame regulated by DOL for providing notification toour employees of their FMLA leave status is adequate for myorganization

n = 287


Has your organization’s perfect attendance award program changed as a result of FMLA?

82%

18%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

We have modified our perfect attendance programbecause of FMLA

We have eliminated our perfect attendance programbecause of FMLA

n = 45

Note: Excludes respondents (84%) whose organization does not have a perfect attendance award program


Has your organization’s perfect attendance award program changed as a result of FMLA?


We have modified our perfect attendance program because of FMLA

37 82%

We have eliminated our perfect attendance program because of FMLA

8 18%


Which of the following best describes your organization?

46%

25%

19%

10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Privately owned forprofit

Publicly owned forprofit

Nonprofit organization Government sector

n = 289


Which of the following best describes your organization?


Privately owned for profit 132 46%

Publicly owned for profit 72 25%

Nonprofit organization 56 19%

Government sector 29 10%

family medical leave

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